THE GAG-LAW.
In the winter of 1835 and 1836 the slaveholding oligarchy made a bolder assault than ever before upon the liberty of our nation, and the most alarming intimations were given of a willingness to yield to their imperious demands. The legislatures of Alabama, Georgia, South Carolina, North Carolina, and Virginia passed resolutions of the same import, only those of Virginia and South Carolina were clothed, as might have been expected, in somewhat more imperative and threatening terms. These resolutions insisted that each State, in which slavery was established, had the exclusive right to manage the matter in the way that the inhabitants thereof saw fit; and that the citizens of other States who were interfering with slavery in any way, directly or indirectly, were guilty of violating their social and constitutional obligations, and ought to be punished. They therefore “claimed and earnestly requested that the non-slaveholding States of the Union should promptly and effectually suppress all abolition societies, and that they should make it highly penal to print, publish, and distribute newspapers, pamphlets, tracts, and pictorial representations calculated or having a tendency to excite the slaves of the Southern States to insurrection and revolt.”
These resolutions further declared that “they should consider every interference with slavery by any other State, or by the General Government, as a direct and unlawful interference, to be resisted at once, and under every possible circumstance.” Moreover, they insisted that they “should consider the abolition of slavery in the District of Columbia as a violation of the rights of the citizens of that District, and as a usurpation to be at once resisted, as nothing less than the commencement of a scheme of much more extensive and flagrant injustice.”
Resolutions in these words, or to the same effect, passed by the legislatures of the above-mentioned States, were transmitted by the governors of those States severally to the governors of each of the non-slaveholding States, among them to the chief magistrate of Massachusetts, then the Hon. Edward Everett.
On the 15th of January, 1836, that gentleman delivered his address to both branches of the Legislature at the organization of the State Government. In the course of that address, as in duty bound to do under the circumstances, he alluded particularly to the subject of slavery, and to the excitement kindled throughout the country by the discussion of it in the free States.
But instead of showing that the subject of human rights was ever up, and must needs be ever up, for the consideration of the American people, in private circles and public assemblies; that it ought not and could not be prohibited,—instead of conceding the impossibility (in our country especially) of preventing the freest expression of the opinion, that such a glaring inconsistency, such a tremendous iniquity as the enslavement of millions ought not to be tolerated; that the genius of our Republic, the spirit of the age, the principles of Christianity, the impartial love of the Father of all mankind, each and all demanded the abolition of slavery,—instead of availing himself of the occasion so fully given him, from his high position, to reiterate the glorious doctrines of the Declaration of Independence, and to press upon the complaining States the obvious necessity of their yielding to the self-evident claims of humanity,—instead of this, His Excellency saw fit to commend the disastrous policy of the framers of our Republic; to pass a severe censure upon us Abolitionists, and to intimate his opinion that we were guilty of offences punishable at common law.
This part of his speech was referred to a joint committee of two from the Senate and three from the House of Representatives, Hon. George Lunt, Chairman. By order of the managers of the Massachusetts Antislavery Society, I addressed a letter to the above-named committee, asking permission to appear before them by representatives, and show reasons why there should be no legislative action condemnatory of the Abolitionists. The request was granted, and on the 4th of March the proposed interview took place in the chamber of the Representatives, in the presence of many citizens.
At first a member of the committee, Mr. Lucas, objected to our proceeding; said we were premature; that we should have waited until the committee had reported; that we had no reason to apprehend the Legislature would do anything prejudicial to us, or to the liberties of the people. I replied, “that formerly it would have been a gratuitous, an impertinent apprehension, but recent occurrences have admonished us, that we may not any longer safely rest in the assurance that our liberties are secure. Alarming encroachments have been made upon them, even in the metropolis of New England. We do not fear,” I continued, “that your committee will recommend, or that our Legislature will enact, a penal law against Abolitionists. But we do apprehend that condemnatory resolutions may be reported and passed; and these we deprecate more than a penal law for reasons that we wish to press upon your consideration.”
After some discussion between the members of the committee Mr. Lucas withdrew his objection, and we were allowed to proceed. I commenced, being the General Agent of the Society, and gave a sketch of the origin, the organization, and progress of the abolition enterprise,—stating distinctly our purpose and the instrumentalities by which we intended to accomplish it. I laid before the committee copies of our newspapers, reports, and tracts,—especially the constitutions of several State and County Antislavery Societies, and more especially the report of the convention that met in Philadelphia, in December 1833, and organized the American Antislavery Society, and issued a declaration of sentiments and purposes. All these documents, I insisted, would make it plain to the committee that we were endeavoring to effect the abolition of slavery by moral means,—not by rousing the enslaved to insurrection, but by working such changes in the public sentiment of the nation respecting the cruelty and wickedness of our slave system, that strong, earnest remonstrances would be sent from the Legislature, and still more from the ecclesiastical bodies in all the free States to corresponding bodies in the slave States, imploring them to consider the awful iniquity of making merchandise of fellow-men, and treating them like domesticated brutes; at the same time offering to co-operate with them and share generously in the expense of abolishing slavery, and raising their bondmen to the condition and privileges of the free.
Some discussion here ensued as to the character of some of our publications, and the propriety of certain expressions used by some of our speakers and writers. And then Ellis Gray Loring was heard in our behalf. This gentleman had been prominent among the New England Abolitionists from the very beginning of Mr. Garrison’s undertaking. There were combined in him the strength and resolution of a man with the intuitive wisdom and delicacy of a woman. He addressed the committee more than half an hour in a most pertinent manner, replying aptly to their questions and objections. “The general duty,” said Mr. Loring, “of sympathizing with and succoring the oppressed will probably be conceded. It is enjoined by Christianity. We are impelled to it by the very nature which our Creator has conferred upon us. What, then, is to limit our exercise, as Abolitionists, of this duty and this right? The relations we bear to the oppressor control, it is said, our duty to the oppressed. If we are bound to abstain from the discussion of slavery, it must be either because we are restrained by the principles of international law, or by some provisions of the Constitution of the United States. But, gentlemen, if the slaveholding States were foreign nations, it could not be shown that we have done anything which the law of nations forbids. We have done nothing for the overthrow of slavery in our Southern States which that law forbids, more than our foreign missionary societies have for many years been doing for the subversion of idolatry in pagan lands,—nothing more than was done in this city and all over our country to aid the Poles and the Greeks in their struggle for freedom, of which our ancient allies, the Russians and the Turks, were determined to deprive them. If, then, the Law of nations does not restrain us, is it in the Constitution of the United States that such restraint is imposed? Far from it. I find in that, our Magna Charta, an abundant guaranty for the liberty of speech; but I look in vain in the letter of the Constitution for any prohibition of the use of moral means for the extirpation of slavery or any other evil.”
Mr. Loring here took up the three clauses of the Constitution in which alone any allusion is made to the subject of slavery, and showed clearly that there was nothing in them which forbade the fullest and freest discussion of the political expediency or moral character of that system of oppression. And he confirmed his position by referring to the fact, that the framers of that great document did not understand it as the proslavery statesmen and politicians of our day would have it understood. Washington declared himself warmly in favor of emancipation. Jefferson’s writings contain more appalling descriptions and more bitter denunciations of slavery than are to be found in the publications of modern Abolitionists; and Franklin, Rush, and John Jay were members of an antislavery society formed a few years after they had signed the Constitution, and they joined in a petition to Congress praying for the abolition of that system of domestic servitude, so inconsistent with our political principles and disastrous to our national honor and prosperity.”
I have not given, nor have I room to give, anything like a full report of Mr. Loring’s speech. He closed with these words: “A great principle, gentlemen, is involved in the decision of this Legislature. I esteem as nothing in comparison our feelings or wishes as individuals. Personal interests sink into insignificance here. Sacrifice us if you will, but do not wound liberty through us. Care nothing for men, but let the oppressor and his apologist, whether at the North or the South, beware of the certain defeat which awaits him who is found fighting against God.”
The next one who addressed the committee was the Rev. William Goodell, one of the sturdiest, most sagacious and logical of our fellow-laborers. We are indebted to him for “a full statement of the reasons which were in part offered to the committee,” &c., &c., given to the public in a pamphlet which was issued from the press a few days after our interviews with said committee.
I shall here quote only the most important passage in his speech: “We would deprecate the passage of any condemnatory resolutions by the Legislature, even more than the enactment of a penal law, for in the latter case we should have some redress. We could plead the unconstitutionality of such a law, at any rate, it could not take effect until we had had a fair trial. Not so, gentlemen of this committee, in the case of resolutions. We should have no redress for the injurious operation of such an extra-judicial sentence. The passage of such resolutions by this and other legislatures would help to fix in the public mind the belief that Abolitionists are a specially dangerous body of men, and so prepare the public to receive such a law as the slaveholding States might dictate. We solemnly protest against a legislative censure, because it would be a usurpation of an authority never intrusted to the Legislature. They are not a judicial body, and have no right to pronounce the condemnation of any one.”
“Hold,” said Mr. Lunt, the Chairman of the committee, “you must not indulge in such remarks, sir. We cannot sit here and permit you to instruct us as to the duties of the Legislature.”
Mr. Goodell resumed, justified the remark for which he had been called to order, and completed his very able argument against any concurrence on the part of the General Court of Massachusetts with the demands of the Southern States.
Mr. Garrison next addressed the committee in a very comprehensive and forcible speech. But he neglected to give any report of it in his Liberator. I can therefore lay before your readers only this brief passage: “It is said, Mr. Chairman, that the Abolitionists wish to destroy the Union. It is not true. We would save the Union, if it be not too late. To us it would seem that the Union is already destroyed. To us there is no Union. We, sir, cannot go through these so-called United States enjoying the privileges which the Constitution of the Union professed to secure to all the citizens of this Republic. And why? Because, and only because, we are laboring to accomplish the very purposes for which it is declared in the preamble to the Constitution that the Union was formed! Because we are laboring ‘to establish justice, insure domestic tranquillity, and promote the general welfare.’”
Dr. Follen then arose. He was extensively known and very much respected and beloved by all who had known him, as a Professor in Harvard College, or as a preacher of true Christianity in several parishes in the vicinity of Boston. He had done and suffered much for the sake of civil and religious liberty in his own country,—Germany,—and had come to our country in the high hope of enjoying the blessings and privileges of true freedom. He early espoused the antislavery cause, and rendered us essential services by his wise counsels and his labors with several prominent persons whom we had failed to reach. He was selected as one of the nine to maintain our rights before the legislative committee, and avert the wrong that seemed impending over us from the unhappy suggestions in the speech of Governor Everett.
The Doctor evidently felt very deeply the grave importance of the occasion. He commenced his speech with some profound remarks upon the rights of man and the spirit and purpose of our republican institutions, and then proceeded to point out the fearful encroachments, that had been made on the fundamental principles of our Republic by slaveholders and their Northern partisans. “And now,” said he, “they are calling upon the Northern legislatures to abolish the Abolitionists by law. We do not apprehend, gentlemen, that you will recommend, or that our General Court will enact, such a law. But we do apprehend that you may advise, and the Legislature may pass, resolutions severely censuring the Abolitionists. Against this measure we most earnestly protest. We think its effects would be worse than those of the penal law. The outrages committed in this city upon the liberty of speech, the mobs in Boston last October, were doubtless countenanced and incited by the great meeting of August, in Faneuil Hall. Now, gentlemen, would not similar consequences follow the expression by the Legislature of a similar condemnation? Would not the mobocrats again undertake to execute the informal sentence of the General Court? Would they not let loose again their bloodhounds upon us?”
“Stop, sir!” cried Mr. Lunt. “You may not pursue this course of remark. It is insulting to the committee and to the Legislature which they represent.”
Dr. Follen sat down, and an emotion of deep displeasure evidently passed through the crowd of witnesses.
I sprang to my feet and remonstrated with Mr. Lunt. Mr. Loring and Mr. Goodell also expressed their surprise and indignation at his course. But it was of no avail. He would not consent that Dr. Follen should proceed to point out what we considered the chief danger to be guarded against. We therefore declined to continue our interview with the committee; and gave them notice that we should appeal to the Legislature for permission to present and argue our case in our own way before them, or before another committee.